MICHAEL JOSEPH DEMPSEY, III
v.
STATE OF FLORIDA
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DAMOORGIAN, J.
Michael Joseph Dempsey, III (“Defendant”) appeals the two orders of revocation of community control entered in two separate cases. Both revocation orders were entered on March 7, 2022. Finding no merit to Defendant’s arguments on appeal for reversal, we affirm without further comment. Nonetheless, we are compelled to remand with instructions to correct both revocation orders because, as the State concedes, the orders identify a condition of community control which the State failed to prove Defendant violated.
After a hearing on Defendant’s violation of community control, the trial court made oral findings and entered a written order that provided, inter alia, the specific conditions of community control which Defendant had violated. Thereafter, on March 7, 2022, the trial court entered two nunc pro tunc orders of revocation of community control, both of which included violations of Standard Condition 16—failing to remain confined at an approved residence. However, as the State has conceded, no evidence or findings pertained to a violation of Standard Condition 16.
Accordingly, we affirm the orders revoking Defendant’s community control and the corresponding sentences, but remand solely for entry of corrected revocation orders removing Standard Condition 16 as a ground for revocation. See Henry v. State, 313 So. 3d 757, 760 (Fla. 2d DCA 2020) (affirming the order revoking community control and the corresponding sentence but remanding for entry of a corrected revocation order to accurately reflect the correct conditions that were violated).
Affirmed and remanded with instructions.
WARNER and KUNTZ, JJ., concur.
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Dempsey v. State, 313 So. 3d 757 (Fla. 4th DCA 2022)…. Accordingly, we affirm the orders revoking Defendant’s community control and the corresponding sentences, but remand solely for entry of corrected revocation orders removing Standard Condition 16 as a ground for revocation. See Henry v. State, 313 So. 3d 757, 760 (Fla. 2d DCA 2020) (affirming the order revoking community control and the corresponding sentence but remanding for entry of a corrected revocation order to accurately reflect the correct conditions that were violated). Affirmed and remanded w…
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Dempsey v. State (Fla. 4th DCA 2023)…16. Accordingly, we affirm the orders revoking Defendant’s community control and the corresponding sentences, but remand solely for entry of corrected revocation orders removing Standard Condition 16 as a ground for revocation. See Henry v. State, 313 So. 3d 757, 760 (Fla. 2d DCA 2020) (affirming the order revoking community control and the corresponding sentence but remanding for entry of a corrected revocation order to accurately reflect the correct conditions that were violated). Affirmed and remanded w…
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Bright v. State (Fla. 2d DCA 2022)…proper course of action is to reverse the order revoking probation and remand for reconsideration, unless the record clearly demonstrates that the trial court would have revoked probation based only on the upheld revocation grounds." Henry v. State, 313 So. 3d 757, 760 (Fla. 2d DCA 2020) (quoting Malone v. State, 146 So. 3d 155, 158 (Fla. 1st DCA 2014)). Although the violations of conditions 1, 3, and 22 would support revocation, we cannot say that it is clear from this record that the court would have revoke…
Authorities Cited
- Dempsey v. State, 313 So. 3d 757 (Fla. 4th DCA 2022)